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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am trying to figure out if a tenant is delinquent on rent

Customer Question

Hi, I am trying to figure out if a tenant is delinquent on rent on a commercial lease to the point of the locks being changed, if the tenant makes a partial payment of what is owed, at that point, is it a requirement to give access back to the tenant like it would be required on a residential lease?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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This is something that should be covered under the actual lease contract. But if it is not, then it would depend on whether there is a "lock out" clause in the lease that allows the landlord to lock the tenant out upon a default.

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If so, then whether the tenant is $500 behind on rent or $5,000, they are still in default and the landlord can lock them out. They would have to completely cure the default in order to reinstate the lease and regain possession.

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But if there is no lock out clause in the lease, the landlord can't do it without evicting and getting a court order for possession.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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